4901:5-21-04
Actions taken upon declaration of an energy emergency.

(1)
Reduce, on an equitable basis, the provision of coal
to its consumers for nonpriority use.

(2)
Assure, to the extent reasonably
possible, that all of its consumers practice conservation and restrict their
nonessential or inefficient use of coal.

(B)
Each coal supplier that has a surplus
supply of coal for its consumers' priority use requirements for the foreseeable
future is expected to assure, to the extent reasonably possible, provision of
coal to its normal consumers for their priority use requirements for the
subsequent thirty-day period, provided:

(2)
Any new priority use consumers can
substantiate their priority use requirements.

(3)
No threat to the life, property, health,
or safety of the coal supplier's existing consumers would result.

(C)
Each coal supplier that has an
inadequate supply of coal for its consumers' priority use requirements for the
subsequent thirty-day period is expected to notify the commission of the
number, names, and coal type and tonnage required for priority use consumers
beyond the capability of the supplier.

(D)
The commission may provide assistance in
locating a supply for consumers with inadequate coal for priority use. The
commission may accept requests for such assistance for relief of verifiable
consumer hardship and emergency conditions. Such requests may be accepted by
the commission from either the affected consumer or the coal supplier that
would supply the affected consumer. All requests shall be in a manner and form
prescribed by the commission and shall comply with any applicable federal laws,
regulations, or guidelines.

(E)
The commission may establish a toll-free telephone number for consumers in this
state to request state assistance for relief from verifiable emergency or
hardship conditions.

(F)
The
commission may designate, as priority use, the volume of coal necessary to
relieve emergency or hardship conditions found to be extant and may request the
consumer's supplier to deliver such product volume to the consumer, provided
the consumer offers fair compensation.

(G)
If the commission finds that a supplier
has insufficient supply of coal to provide for all consumers' priority use
requirements in the current month and/or is unable to provide product for
consumers who, facing emergency or hardship conditions, have had priority
use
designation by the commission, the commission may request another supplier to
provide product.

(H)
Each supplier
shall encourage all of its consumers to practice coal conservation and to
restrict their nonessential or inefficient use of coal.